DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,765

GKN SINTER METALS
GALLIPOLIS, OHIO

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on March 16, 2005, in response
to a petition filed by United Automobile, Aerospace & Agricultural
Implement Workers of America International Union (UAW), Local 1685,
on behalf of workers of GKN Sinter Metals, Gallipolis, Ohio. The
workers produced precision forged metal components for the
automotive industry.
The investigation revealed that criterion 3 has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
Workers of the primary firms to which the subject firm
supplied components were not under trade adjustment assistance
certification.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers covered
by this petition of GKN Sinter Metals, Gallipolis, Ohio do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974, and are also denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.

Signed at Washington, D.C., this 12th day of April 2005.


/s/ Elliott S. Kushner

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ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance